PDL Biopharma, Inc. v. Wohlstadter

Order, Supreme Court, New York County (Eileen Bransten, J.), entered July 29, 2016, which granted plaintiff’s motion for summary judgment in lieu of complaint on liability pursuant to CPLR 3213 and denied, defendants’ cross motion for summary judgment, unanimously modified, on the law, plaintiff’s CPLR 3213 motion denied, and the matter remanded to be converted to a plenary action, and otherwise affirmed, without costs.

The issue to be addressed at this juncture is not whether the subject guaranties are or are not enforceable; it is solely whether the guaranties are entitled to the expedited…